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Response


Aside from the fact that none of the accusations against me in the summons are true, the Summons and the Order are against the rule of law. They are against the law of contracts. Evidence is concealed. This procedure skips over exposing the accounting at bk467p191 and finding out where the money went. It is the same pattern of using innocent family members to protect the accountants.

I responded to the summons within the required 21 day time period; on September 22, 2012, with one item, and on September 24, 2012, with seventeen items. I mailed hard copies to the Clerk of the Court and have the signed receipts that show that they were received. I emailed the same copies to multiple recipients. I made the web site http://www.judgesfairfaxcounty.com to put the same copies on the internet.

So I don't understand why Judge Smith does not recognize my response to the summons:


"THIS CAUSE came on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.

2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts alleged in Plaintiffs Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count lof
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § ·64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms ofthe Land Trust Agreement, including'but not limited to, the
trustee's compensation under paragraph 9~01, and aU interest on advancements by the trustee to .
the trust for payment ofreal estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B.'That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is,granted; that Anthony Minor O'Connell is hereby relieved as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2:-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiffas to Count III of the Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is he~by appointed as successor
trustee under the Land Trust Agreement and as trustee ofthe trust under the Last Will and
Testament ofHarold A. O'Connell; that the term ofthe Land Trust Agreementis hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net prbceedsis made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded wonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.
ENTERED this 25th day of January, 2013.
(seal) [Dennis J. Smith?]
JUDGE"